- with Inhouse Counsel
Joshua W. Praw (Partner-San Francisco/Los Angeles, CA) and Jonathan D. Sayre (Of Counsel-San Francisco/Orange County, CA) coauthored "Social Media Addiction: An Inflection Point for Algorithms, Analytics and Litigation," appearing in the March 16, 2026, edition of the Daily Journal. The article examines the growing wave of litigation linking social media platforms to mental health harms, particularly among minors, and the central role of Section 230 of the Communications Decency Act – once a shield for platforms but increasingly challenged as outdated in an era of algorithm-driven engagement. The authors discuss the thousands of coordinated cases pending in California state and federal courts, alleging that platforms such as Instagram, TikTok, and Facebook employ addictive design features, fail to warn users, and market to minors. Plaintiffs argue the platforms act as publishers rather than mere distributors, while defendants assert Section 230 immunity and warn that narrowing it threatens free speech and innovation. With bellwether trials now underway, Joshua and Jon explore the evolving legal landscape, the key arguments, and what attorneys should watch as courts grapple with technology that moves faster than the law can keep up. As the authors observe, "It often seems that the moment a new law is implemented to safeguard one aspect of social media use, technology has already moved in several different directions."
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